Can a Police Officer’s Mistakes Affect Your DUI Outcome?

 Posted on April 25, 2025 in DUI

If you are facing DUI charges, it is normal that you are anxious about the outcome. Could you lose your job? Could you have your driver’s license suspended? Even worse, could you be sentenced to time in jail? While feelings of anxiety and fear are perfectly normal for those facing DUI charges, now might be a good time to remember that police officers are human and make mistakes.

The police officer who arrested you may have made serious errors that could potentially result in the charges being dropped or reduced, or could be used to obtain a more favorable sentence. The best step you can take is to speak to an experienced Rolling Meadows, IL DUI lawyer regarding any errors you believe were made during your DUI stop and arrest.

What Types of Mistakes Might a Police Officer Make During a DUI Stop and Arrest?

Police officers can make common DUI arrest mistakes, including the following:

Failure to Follow Proper Arrest Procedures

The police officer may not have had reasonable suspicion that a person was driving while impaired. The police cannot pull someone over simply because they think a driver might have been drinking. The driver must have made a clear driving error, such as crossing the center line or running a stop light or stop sign.

Even when a police officer sees a person leaving the bar, he or she cannot assume that person is impaired and pull them over without reasonable suspicion. Once a driver is pulled over, the police cannot search the car without permission from the driver or a warrant unless there is compelling probable cause that there is an open container or illegal drugs in the vehicle.

Breathalyzer Tests Are Not Properly Administered, or the Results Are Questionable

The results of a breathalyzer test are often the most damning evidence the state has against a driver. A breathalyzer test measures an individual's blood alcohol content, but it is known for specific errors. The breathalyzer machine must be calibrated regularly, and the police officer administering the test must be properly trained to ensure the test is accurate and valid.

The police officer must also observe the driver for a specific period before administering the breathalyzer test. Even when a breathalyzer test is properly administered and the machine is calibrated, several factors can still affect the results. A person’s age, gender, diet, prescription medications, illnesses, and even his or her job can affect a breathalyzer test.

Field Sobriety Tests Are Improperly Administered, or the Results Are Misinterpreted

The police must follow a specific procedure when administering field sobriety tests. If this procedure is not properly followed, the results may be inadmissible. Police officer bias, inadequate training, or the driver’s health and physical condition can potentially lead to misinterpretation of the tests.

For example, a driver could struggle with the one-leg stand because he or she has balance issues, is elderly, or is taking a prescription medication that causes dizziness, rather than because he or she is impaired. The weather, a person’s shoes, and road conditions can also affect the accuracy of field sobriety tests.

The Driver’s Constitutional Rights are Violated

If the driver/suspect asks for an attorney, the police officer must stop questioning him or her and allow the driver to call an attorney. The police officer must also Mirandize the driver at the time of his or her arrest. If the police officer fails to do either of these, the driver’s constitutional rights may have been violated, which can potentially result in the case being dismissed.

Contact an Arlington Heights, IL DUI Lawyer

Being arrested and charged with DUI can be extremely difficult, causing you to be anxious about your future. When you have a knowledgeable Rolling Meadows, IL DUI attorney from Scott F. Anderson, Attorney at Law by your side, you will find your anxieties significantly lessened. Attorney Anderson has more than 25 years of experience practicing criminal law, both as a prosecutor and now as a criminal defense attorney. To schedule your free consultation, call 847-253-3400.